State v. . Mikle
Supreme Court of North Carolina
This was an indictment for obtaining goods by false pre-tence, tried before Graves, Judge, at Spring Term, 1886, of Ashe Superior Court.
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This was an indictment for obtaining goods by false pre-tence, tried before Graves, Judge, at Spring Term, 1886, of Ashe Superior Court. The indictment was as follows, to-wit: “The jurors for the State, upon their oath present, that Martin V. Mikle, late of the county of Ashe, at and in the county of Ashe, unlawfully and knowingly, devising and intending to cheat and defraud J. F. Motny and M. L. Motny, (trading under the name and style of Motny Bros.,) of their goods, money, chattels and property, did then and there, unlawfully, knowingly and designedly, falsely pretend to J. E. Motny and M.…
1Opinion of the CourtAshe, J.
(after stating the facts). The first ground assigned for a new trial, is more properly to be considered under the motion for the arrest of judgment.
The second ground is untenable, for the testimony of Motny and Wilson, considered together, fully sustains the averments in the bill. There was no variance, unless the jury should have discarded the testimony of both of those witnesses, and accepted that of the defendant, as the correct statement of the transaction. If they had done so, then there was a variance, but the jury believed the testimony of the first two witnesses, as is shown by their…
2Cases cited3 opinions
- State v. . PhiferSupreme Court of North Carolina · 1871
- State v. . MatthewsSupreme Court of North Carolina · 1884
- State v. . EasonSupreme Court of North Carolina · 1882
3Cited by6 opinions
- State v. CroninSupreme Court of North Carolina · 1980
- State v. . WhedbeeSupreme Court of North Carolina · 1910
- State v. WhedbeeSupreme Court of North Carolina · 1910
- State v. HinesCourt of Appeals of North Carolina · 1978
- State v. . BurkeSupreme Court of North Carolina · 1891
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